Legal Question in Family Law in Maryland

emergency petition for non- biological child

I have a 9 year old son who's biological father is not in his life. My soon to be ex-husband has raised him as his own but never adopted him. He is saying to me that he can take my son from me with a emergency petition. I didn't think he could since the child is not his biologically. Can he do this? What can he do?


Asked on 3/17/09, 10:55 am

1 Answer from Attorneys
Bill Wood Law Office of William C. Wood, LLC

Re: emergency petition for non- biological child

Your husband can petition the court for custody as a third party. In order to prevail, he would first have to prove that you are an unfit parent or that some exceptional circumstances exist. If he is able to convince the court of either, then the court would decide custody based on the best interests of the child.

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Answered on 3/17/09, 11:08 am


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